[OSM-legal-talk] Clarifying Geocoding and ODbL
Jonathan Harley
jon at spiffymap.net
Mon Jun 24 10:20:22 UTC 2013
On 14/06/13 07:09, Michal Palenik wrote:
> On Thu, Jun 13, 2013 at 03:58:22PM +0200, Olov McKie wrote:
>> Geocoding and license implications
>> Manual geocoding of an entity that a person has prior local knowledge of, is the same process as adding a new entity to the OSM, and as such the person geocoding the entity retains their full copyright over the geocoded entity. All other geocoding results in a Produced Work, as that term is defined in the ODbL. Section 4.5 provides that a Produced Work is not subject to the share-alike provisions of Section 4.4 of the ODbL.
> as was pointed out before, these implications are wrong:
> after adding a poi based on underlaying map data, i do not have full
> copyright because it is partially based on underlaying map (if i added
> it solely based on GPS coordinates, without any use of map, it would be
> a different story)
>
> Produced Works is still a (derivative) database. it is both.
Late to this discussion, sorry, but this is wrong. The Definitions
section of ODbL explicitly says that "Conveying does not include...
creating and Using a Produced Work", and "Using this database... to
create a Produced Work does not create a Derivative Database".
> very similar to LGPL. share-alike definetly applies to the data (or we
> should have the discussion if the result is collective or derivative DB)
>
>
> michal
>
--
Dr Jonathan Harley : Managing Director : SpiffyMap Ltd
md at spiffymap.com Phone: 0845 313 8457 www.spiffymap.com
The Venture Centre, Sir William Lyons Road, Coventry CV4 7EZ, UK
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